HONOLULU — Rep. Dee Morikawa of District 16 has introduced three bills on behalf of the Office of Prosecuting Attorney of the County of Kauai. The bills have passed first reading and have been sent to house committees, but have
HONOLULU — Rep. Dee Morikawa of District 16 has introduced three bills on behalf of the Office of Prosecuting Attorney of the County of Kauai.
The bills have passed first reading and have been sent to house committees, but have not yet been scheduled for hearings.
Morikawa of Kauai said two of three of three bills have potential, but House Bill 1778 is controversial because it relates to unlawful killings and provides for prosecution of a person who causes the death of a baby who was born alive, but died when the mother was injured in an attack.
“This was in reaction to that girl that was stabbed in Eleele,” Morikawa said. “Justin Kollar was trying to close a loophole. After I introduced it, I found out it’s a very controversial bill … (I introduced it) just so it can be heard. Just so we can hear the pros and the cons. We’re not sure it will even get scheduled for a hearing. It may not even see the light of day.”
In December, Victoria Kanahele lost her baby after she was allegedly stabbed by the baby’s father, Christopher Cruz, according to police. An emergency cesarean section was performed; the baby was born alive, but did not survive long.
“I think there is a natural impulse at bills like that to see if they are intended to be used against women’s right to choose,” Prosecuting Attorney Justin Kollar said. “I want anyone to think about this bill, and know that I am one thousand percent for a woman’s right to choose.”
It’s a measure that would protect victims of domestic violence and safeguard a woman’s right to choose, he said. Kollar added he’s not sure the bill will make it to a scheduled hearing, but he said he had to try.
“We’re hopeful that we can at least have a conversation during the session,” he said.
In December, Kollar said “law enforcement efforts to create enhanced penalties for crimes committed against pregnant women have failed due to trepidation that the law could be used against abortion providers.”
HB 1778 does not criminalize the actions of a licensed physician, surgeon or a licensed osteopathic physician who causes injury or death to baby, pregnant person or fetus prior to the birth of the infant provided the pregnant person gave consent to the doctor to perform the procedure.
The bill would amend a section of the Hawaii Revised Statutes, which refers to murders in the first and second degrees and manslaughter, respectively.
A second bill relating to evidence would allow victims of property crimes, which tend to be tourists, to provide video testimony at felony criminal proceedings by a live two-way video connection.
Kollar said it’s a bill OPA has been pushing the last two sessions, but it has had opposition.
Last year, the judiciary and the State of the Hawaii Officer of the Public Defender opposed HB 792 calling it “unconstitutional as a violation of an accused’s right to confrontation of witnesses against him or her under the Sixth Amendment of the U.S. Constitution and the Hawaii Constitution.”
Even though there has been opposition, Morikawa said it’s a bill she is happy to reintroduce to the Legislature.
“This is something that we have to put on the table,” she said.
Morikawa said the final bill, HB 1776, is for those operating a motor vehicle while under the influence of an intoxicant. The bill authorizes courts to, instead of suspending or revoking a driver’s license, requires the driver to install an ignition interlock device on their vehicle.
“That’s a good compromise for some people that really need to get to work,” Morikawa said.
